tured in the House of Detention by the prisoners there who have provided their own materials, or who have made a different arrangement with the inspectors for the disposal of the proceeds of their labour; and excepting also the articles made for manufacturers by contract, in the Penitentiary, School of Reform, and House of Refuge and Industry.

Art. 273. The wardens of the Penitentiary and of the School of Reform shall each be allowed, in addition to their salaries,

per cent. on the gross amount of sales by the agent of the articles manufactured in their prisons respectively, after deducting only the cost of the materials employed in the articles so sold; and also

per cent. on the amount of sums paid for the labour of the convicts by manufacturers; but this allowance shall be forfeited for every year in which the wardens shall use any other means than those authorized by this Code to induce the convicts to labour, either by way of punishment or reward.

in

Art. 274. The average number of deaths in the principal penitentiaries of the United States having been found to be about every hundred annually, (taking the average of the number of prisoners confined at all times during the year as the basis of the calculation for the whole number,) as an encouragement to use greater care and attention in lessening this rate of mortality, if the said proportion shall be in any one year reduced in the Penitentiary of this state more than one half of that average, the governor shall present to the physician books, surgical instruments, or plate, of the value of dollars, which testimonial shall be doubled in value if the proportion be reduced more than three-fourths.

Art. 275. The average number of re-convictions in the principal cities of the Union having been found to be about in every hundred annually of those committed to the Penitentiary in those cities; to lessen this proportion is the object of the reformatory part of prison discipline. To incite, therefore, the officers to a zealous discharge of this part of their duty, if in any one year, succeeding the third year after this Code shall have gone into operation, the number of re-commitments to the Penitentiary shall be less, in any one year, by one-half than that proportion, an honorary testimonial of that fact, consisting of a piece of plate of the value of dollars, shall be presented by

the governor to the inspectors, the wardens, the chaplains, and teachers, of the said prison; the value of which plate shall be doubled in any year in which the said proportion is reduced to less than three-fourths of the average above stated.

Art. 276. A similar testimonial shall be given to the matrons, if the like reduction takes place in the re-commitments of the female convicts. Art. 277. The amount requisite for the purchase of the testimonials aforesaid, shall be taken from the recompense fund, created by the Code of Criminal Procedure.

TITLE V.

OF THE DISCHARGE OF THE CONVICTS.

Art. 278. Whenever a convict shall be discharged by the expiration

of the term to which he was condemned, or by pardon, he shall take off the prison uniform and have the clothes which he brought to the prison restored to him, together with the other property, if any, that was taken from him on his commitment, that has not been otherwise legally disposed of.

Art. 279. A copy of his account with the prison, made out in the manner herein before directed, shall be given to him; and if the proceeds of his labour produce any balance in his favour, one half of such balance shall be paid him.

Art. 280. Before the convict is dismissed, the chapter of the Penal Code, "Of the Repetition of Offences," shall be read to him.

Art. 281. If the warden, the chaplain, and the teacher, have been satisfied with the morality, industry, and order of his conduct, they shall give him a certificate to that effect.

Art. 282. One or more of the inspectors shall be present whenever a convict is discharged, who, as well as the officers of the prison, shall inquire into his future prospects and designs; shall aid him in an endeavour to procure an honest support, or to return to his friends; shall exhort him to perseverance in habits of industry; and if he can find no other employment, and is desirous of maintaining himself by labour, the warden shall admit him into the House of Refuge, hereinafter provided for.

Art. 283. If the warden shall discover that any discharged convict, instead of seeking to maintain himself by labour, shall associate with the idle and profligate, he shall immediately proceed against him as a vagrant, under the provisions for that purpose contained in the Code of Criminal Procedure.

TITLE VI.

HOW THE PROPERTY OF PERSONS CONDEMNED FOR CRIME SHALL BE DISPOSED of.

CHAPTER I.

Of the property of convicts condemned to imprisonment and labour for a term.

Art. 284. The property of convicts condemned to imprisonment and labour, may be administered by curators during the term for which they are condemned. The letters of curatorship are revoked by their pardon or discharge; but such revocation does not invalidate legal acts done by the curator.

Art. 285. Any person who would be entitled to the curatorship of the convict, had he died on the day judgment was pronounced against him, shall be entitled to the curatorship.

Art. 286. The mode of proceeding to obtain the letters of curatorship shall be the same as that prescribed in case of death, except that, instead of alleging and proving the death of the party, the record of his condemnation shall be produced to the judge.

Art. 287. The curatorship, in case of condemnation, carries with it

all the consequences, responsibilities, rights, and duties, that result from a curatorship to a person deceased.

Art. 288. Curators and tutors may also be appointed to the persons and estates of the children of the convict, in the like manner and to the same persons who would have been entitled to the said offices if the convict had been dead.

Art. 289. The curatorships and tutorships, mentioned in the last article, are the same as to all rights, duties, and responsibilities, as they would have been had the appointment been made after the death of the convict; but they are revoked by his pardon or discharge, except in cases where his sentence incapacitates him from exercising those trusts. Art. 290. Those who would have been the heirs of a convict, sentenced to imprisonment for a term, cannot take the estate out of the hands of the curator; but if he have relations in the ascending or descending line, whom he was bound by law to support, the curator shall, out of the estate, provide for their sustenance.

Art. 291. All property given, or in any manner whatever accruing to a convict in the Penitentiary, shall vest in his curator, if he be sentenced for a term of years, to be disposed of in like manner with his other property; or if he be sentenced for life, shall vest in his heirs.

CHAPTER II.

Of the disposition of the property of convicts sentenced to imprisonment for life.

Art. 292. The same disposition shall be made of the estate of a person sentenced to imprisonment for life, as if he had died on the day sentence was pronounced; and any last will and testament or codicil he may have made prior to that time, shall take effect in the same manner as if he had died on that day.

Art. 293. But no disposition of any estate, either by will or otherwise, after the arrest for crime, of which the prisoner was convicted, in the case of any crime whether the sentence is for life or otherwise, shall be valid against the claim of the person entitled to a suit for the private injury committed by the crime, unless such disposition was made for a valuable and equivalent consideration to a person ignorant

of the arrest.

BOOK III.

OF THE HOUSE OF REFUGE AND INDUSTRY.

TITLE I.

OF THE DESIGN OF THIS ESTABLISHMENT.

Art. 294. The object of this establishment is twofold: the first, to afford the means of voluntary employment to those who are able and willing to labour, and gratuitous support to those who are not; the second object is, to coerce those who, although capable of supporting themselves, prefer a life of idleness, vice, and mendicity, to one of honest labour.

Art. 295. As a House of Refuge, it is intended to afford to the discharged convict the means of support by voluntary labour, until, by degrees, he may regain the confidence of society; to prevent those offences of which poverty and want of employment are the real or pretended cause; and to relieve private charity from the unequal burthen of supporting the mendicant poor.

Art. 296. As a House of Industry, the establishment is intended to be a place of coercion and restraint for vagrants and able-bodied beggars; for the first, because their mode of life raises a just presumption that it is sustained by illegal depredations on a society to which they do not properly belong; for the second, because, by false pretences of inability, they impose on the charity of the public; and for both as a measure of preventive justice, because their voluntary idleness, unless corrected, will inevitably conduct them to vice, and crimes, and punishment.

TITLE II.

OF THE DIFFERENT DEPARTMENTS OF THE HOUSE OF REFUGE AND INDUSTRY, AND OF THE DESCRIPTION OF PERSONS ADMITTED TO, AND CONFINED IN EACH.

Art. 297. The House of Refuge and Industry shall consist of two departments the one for voluntary, the other for forced labour;

both shall be under the direction of the same warden; and the one shall be called the House of Refuge, and the other the House of Industry.

Art. 298. In the House of Refuge shall be admitted all such discharged convicts as may be desirous of gaining a subsistence by labour; all public mendicants who allege a want of employment as the reason for asking public charity, or who, from age, infirmity, and poverty, are incapable, in part or in the whole, to support themselves, and have no relations who, by law, are bound to support them.

Art. 299. To the House of Industry shall be committed all vagrants above the age of eighteen, and all able-bodied beggars, above that age, who refuse to labour in the House of Refuge, or elsewhere, when employment is offered to them.

Art. 300. In each department the women shall be kept separate from the men, and they shall be under the superintendence of a

matron.

Art. 301. The building shall be so constructed as to separate the two departments, and shall contain separate sleeping cells for each of the persons confined in the House of Industry, and for each of the discharged convicts in the House of Refuge. The paupers shall be disposed of in comfortable apartments, in the manner that the warden (subject to the direction of the inspectors) shall direct.

TITLE III.

OF THE OFFICERS OF THE HOUSE OF REFUGE AND INDUSTRY, AND OF THEIR DUTIES.

Art. 302. This establishment shall be under the direction of the board of inspectors, in this Code before provided for; who shall, in relation to this, have the same powers and be subject to the same duties that are before provided in relation to the other places of confine

ment.

Art. 303. The warden shall be appointed by the governor, and the warden shall appoint so many assistants as the inspectors shall deem

necessary.

Art. 304. The matron shall also be appointed by the governor, and shall name such number of female assistants as the inspectors shall direct.

Art. 305. The physician and chaplains shall also attend in their professional capacities on the persons admitted or detained in the House of Refuge and Industry.

Art. 306. The agent of the inspectors shall also be their agent for the sales and purchases of this institution.

Art. 307. The accounts shall be kept by a clerk to be named by the inspectors.

Art. 308. All the above named officers shall perform the same duties and have the same powers, with respect to the House of Refuge and Industry, and to the persons received or committed therein, as are required of and are given to them respectively, with respect to the